RESPONDING TO A CLAIM

HOW TO RESPOND TO A CLAIM

A) To contest a lawsuit against you it requires your appearance at the date of the hearing listed on the Affidavit and Summons. If you fail to appear for the hearing, the court shall grant a default judgment in favor of the plaintiff in the amount requested.

B) You can settle the claim with the plaintiff before the trial date. If a settlement is reached before the court date, the plaintiff can request the Small Claim be dismissed.

C) If you wish to file a counterclaim you must submit a Counter-Affidavit form. This form must be filed with the court no later than 15 days prior to the court date. Fees apply.

D) If you wish to postpone the court hearing, please file a Motion and Order to Postpone with the court at least five business days prior to the hearing.

E) If you want to have a witness who does not voluntarily wants to come to the hearing, you could ask the court to issue a subpoena. You are responsible to properly served the subpoena and pay witness fees.

If you need an interpreter’s assistance, please contact the court at least 5 business days prior to the hearing date.